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Tort — SQE1 practice questions

Negligence (duty, breach, causation, remoteness), psychiatric harm and economic loss, occupiers' liability, product liability, vicarious liability, nuisance and Rylands v Fletcher, defences and remedies.

Practise 25 Tort questions free

3 free questions with answers

Duty of care (including psychiatric harm and economic loss)

A temporary stand at a football ground collapsed during a match because of the negligence of the contractor, Arena Build Ltd, which erected it. Gareth watched the collapse live on television at home, knowing that his brother had a ticket for that stand. His brother was seriously injured. Gareth suffered a recognised psychiatric illness as a result of what he saw and his fear for his brother. He has no particularly close relationship with his brother beyond the ordinary ties of siblings.

Which of the following best describes whether Gareth can recover damages from Arena Build for his psychiatric illness?

  1. AYes, because psychiatric illness to a relative of an injured person was a reasonably foreseeable consequence of the collapse.
  2. BNo, because as a secondary victim he lacks the required proximity to the event, having perceived it only through a television broadcast, and a close tie of love and affection with a brother is not presumed.
  3. CYes, because a close tie of love and affection is presumed between siblings, and he witnessed the event as it happened.
  4. DNo, because damages for psychiatric illness are recoverable only where the claimant also suffers physical injury.
  5. EYes, because he is a primary victim, having feared for the safety of his brother.
Show answer and reasoning
B is the best answer. Gareth is a secondary victim, as he was not himself in danger. Under Alcock v Chief Constable of South Yorkshire Police, a secondary victim must show a close tie of love and affection with the primary victim, presence at the event or its immediate aftermath, and perception with his own unaided senses. Viewing the event on television does not satisfy the proximity requirement, and a close tie is presumed only in relationships such as parent–child or spouses.

Rule: A secondary victim of psychiatric harm must show a close tie of love and affection, proximity in time and space to the event or its immediate aftermath, and perception by his own unaided senses.

  • A Foreseeability alone is insufficient for secondary victims; the Alcock control mechanisms must also be met. (wrong rule)
  • C A close tie is presumed for parents, children and spouses or engaged couples, not siblings, and live television viewing is not perception with one's own senses. (wrong rule)
  • D Pure psychiatric injury is recoverable without physical injury where the relevant requirements are met. (wrong rule)
  • E A primary victim is one within the range of foreseeable physical injury; fear for another person makes Gareth a secondary victim. (wrong rule)

Source: Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310; Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1

Duty of care (including psychiatric harm and economic loss)

Leon was driving carefully when his car was struck at moderate speed by a van driven negligently by Shona. Leon was not physically injured, but the collision was violent enough that he could easily have been hurt. Within weeks he developed a recognised psychiatric illness triggered by the crash. Shona's insurers argue that a person of ordinary fortitude would not have suffered psychiatric harm from such a collision.

Which of the following best describes Shona's liability for Leon's psychiatric illness?

  1. AShe is not liable, because Leon suffered no physical injury.
  2. BShe is not liable, because psychiatric injury to a person of ordinary fortitude was not reasonably foreseeable.
  3. CShe is liable only if Leon satisfies the requirements for secondary victims.
  4. DShe is liable, because Leon is a primary victim within the range of foreseeable physical injury, and it is enough that some personal injury was foreseeable.
  5. EShe is liable only for the portion of the illness that a person of ordinary fortitude would have suffered.
Show answer and reasoning
D is the best answer. Under Page v Smith, a claimant who is a primary victim, being within the range of foreseeable physical injury, can recover for psychiatric injury caused by the defendant's negligence even if no physical injury occurs. Physical and psychiatric injury are treated as one kind of personal injury, so it does not matter that psychiatric harm in a person of ordinary fortitude was not foreseeable. The eggshell skull rule also applies.

Rule: A primary victim within the range of foreseeable physical injury may recover for psychiatric injury even where no physical injury occurs and psychiatric harm itself was not foreseeable.

  • A Physical injury is not a precondition for a primary victim's psychiatric injury claim. (wrong rule)
  • B The ordinary fortitude test applies to secondary victims; for primary victims it is enough that personal injury of some kind was foreseeable. (wrong rule)
  • C Leon was a participant within the zone of physical danger, so the secondary victim controls do not apply. (right rule, wrong facts)
  • E The defendant takes the primary victim as found and is liable for the full extent of the recognised illness. (wrong rule)

Source: Page v Smith [1996] AC 155

Duty of care (including psychiatric harm and economic loss)

Two police officers attempted to arrest a suspected drug dealer on a busy town centre pavement. They could see that Edna, an elderly pedestrian, was standing immediately next to the suspect. The suspect resisted, and in the struggle he and the officers fell on top of Edna, injuring her. Edna sues the chief constable, alleging that the officers carried out the arrest negligently. The chief constable argues that the police owe no duty of care when performing their operational functions.

Which of the following best describes whether a duty of care was owed to Edna?

  1. AA duty was owed, because the officers' positive act carried a reasonably foreseeable risk of physical injury to her, and police are subject to the ordinary principles of negligence.
  2. BNo duty was owed, because the police have immunity from negligence claims arising out of the investigation and suppression of crime.
  3. CA duty was owed only if the Caparo three-stage test is satisfied, and public policy considerations make it unfair to impose one on the police.
  4. DNo duty was owed, because there is generally no duty to protect a person from harm caused by a third party.
  5. EA duty was owed only if the officers had assumed responsibility for her safety.
Show answer and reasoning
A is the best answer. In Robinson v Chief Constable of West Yorkshire Police the Supreme Court held that the police are subject to the same general principles of negligence as anyone else and owe a duty to avoid causing reasonably foreseeable physical injury by their positive acts. The Caparo test is not applied afresh where established principles govern. Here the officers' own actions in making the arrest caused Edna's injury.

Rule: The police, like anyone else, owe a duty of care to avoid causing reasonably foreseeable physical injury through their positive acts.

  • B There is no general police immunity; Hill concerned a failure to protect from harm caused by a third party. (wrong rule)
  • C The Caparo three-stage test is not to be applied in an established category such as physical injury caused by a positive act. (wrong rule)
  • D This was a case of harm caused by the officers' positive act, not a pure omission to protect. (right rule, wrong facts)
  • E Assumption of responsibility is relevant to omissions and economic loss, not to physical injury caused by a positive act. (right rule, wrong facts)

Source: Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4; Hill v Chief Constable of West Yorkshire [1989] AC 53

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Subtopics

Breach of duty3 questions
Causation and remoteness4 questions
Defences3 questions
Duty of care (including psychiatric harm and economic loss)4 questions
Nuisance and Rylands v Fletcher2 questions
Occupiers' liability4 questions
Product liability2 questions
Vicarious liability3 questions

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